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Frederic March Douglas

Frederic Douglas’s Answers

120 total


  • What is a Motion to Dismiss a case for Court Lack of Jurisdiction on the Amount in Controversy means?

    I have filed a case against a predator financial company for used clandestine, not-disclose of important information of its company policy that caused me to give them my personal information. I asked the company before going to court to delete my...

    Frederic’s Answer

    It sounds like you filed your lawsuit in federal court, against some company that is based in a different state or country than you. If so, this means that your lawsuit is based on "diversity jurisdiction" for any claims based only on state law. If that is the case, diversity jurisdiction in the federal courts requires that the amount of financial damages that you seek are over $75,000. From your question, it looks like you explicitly stated in your complaint that the entire lawsuit is over no more than $10,000. Please review your claims carefully and see if any should be > $75K and whether any claims are based on federal law instead of state law. You may need to amend your complaint or file a lawsuit in state court.

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  • Can I sue as an independent contractor if the company I am working for doesn't pay me the amount they quoted I would be paid?

    I signed on with a writing company based on their contract of a particular amount of payment per month. However, I have been lucky to earn 40% of that amount over a period of several months. Can I sue them for retroactive payments? I have a signed...

    Frederic’s Answer

    It sounds like you should have cause for a suit for breach of contract. Review your written contract completely. Did they really breach? Is there any limitation on where you sue or whether you must go through arbitration, mediation, or other procedure? Does the contract indicate where you must sue if there is a lawsuit? As a practical matter, have you already addressed you issues with the other side? In writing (e.g., an email message)? Address these issues and consider your options.

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  • What do i put for the Civil Case Cover Sheet box on the CM-010 form for Name Change? is it unlimited or limited?

    i am a minor filling this out because my parents dont know how to read english.

    Frederic’s Answer

    Go to WWW.courts.call.gov/self-help . In the lower left, you should see some links on name changes.

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  • Would a trademark like this likely make it through the TM office?

    I'm trying to introduce a clothing brand. I'm interested in trademarking he name, "Presley Kate." I done a simple search and there were no results for "Presley Kate." Would something like this be possible to trademark or even make it through the U...

    Frederic’s Answer

    Further on the issues presented by the other attorneys, another issue would be whether your mark "Presley Kate" identifies an actual person, living or dead. If this mark identifies a particular person or may cause confusion with a particular person, you will have to consider whether you need the permission of that person to use the mark and register that mark.

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  • How do I arrange a meeting or get in contact with someone in charge for the NBA, NFL, NHL and MLB?

    I have created a series of designs that use the logos of professional sports teams from each of the 4 sports leagues. Most of the designs use a combination of one or more leagues and so it would take collaboration to produce such designs. There ar...

    Frederic’s Answer

    You do not mention exactly what is the intended use of the third-party logos and whether you have anything to protect. Before you even approach the third parties, have you done everything to protect your intellectual property? For example, if this is a game, mobile application, other type of software, or some other work, you should pursue copyright protection, patent protection, trade secrets, and the like. If you disclose your work to the third-parties and they deny your request, you should be concerned and protected from them stealing your intellectual property. Even if they say "yes", without protection there is no way to stop them from stealing your ideas.

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  • What is best way to protect game, game rules, if game is online only, and anyone can play from any country in a world?

    Thank you all for answering me question, about new card game online. I know, there was not enough information to answer, so let me try one more time by more specific. We are making flash card game online, - that’s when game launching just in web...

    Frederic’s Answer

    You can patent the game and/or the software, so long as other criteria are satisfied, such as novel, useful, and non-obvious (sort of like inventive step).
    Patenting in the U.S. does not provide you with protection outside the U.S.
    Yes, you need to patent in each country/region where you want protection.
    If you file in the U.S. first, you may be able to use the U.S. filing date for priority credit when filing a related separate patent application in another country that participates in the relevant treaties wherein you get to connect your patent applications. You can also file a PCT patent application which is an international application that is recognized as a patent application in most countries.

    Some countries do not follow these treaties, such as Argentina, Saudi Arabia, and other countries.

    For copyright, you can registere copyrights for your website and your software. You should register your copyrights in all of the countries in which you have concerns.

    Trademark will only protect things that identify the source of the product/service, such as a name, logo, distinctive sound, and the like. A trademark will not protect your game.

    Another idea is for you to require a player to register and accept terms of use to start playing. In your terms, you can require them to agree to not copy your game, make derivative works, or whatever reasonable requirement that you may impose.

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  • Is it legal to print pictures from Facebook?

    I took someone's senior pictures, and posted them on Facebook in attempts to promote my photography. I still haven't gotten paid for taking the pictures. I recently found out that they had downloaded all the pictures off of Facebook and had gotten...

    Frederic’s Answer

    Well, I guess that you promptly changed your business practices, such as not displaying photos of people that haven't paid you yet.
    As for you proceeding legally against that person, there are some things to consider. You have the facts and I don't so this is just a list of things to consider, and not legal advice and no attorney-client relationship established in responding to your posted question.

    (1) Did you have a signed agreement with the person? If so, depending on what it says, you can consider suing them for breach of contract (for not paying). You will have to review that contract thoroughly, if one exists.

    (2) If you register your copyright in those photos (copyright.gov), then you may have ability to enforce your copyright with an infringement suit.

    (3) Read Facebook's terms of service and other notices. Most likely, they consider that anything that you post is donated to the public if you do nothing to control the images.

    (4) Consider whether the amount of money that you could reasonably expect to win is worth the effort when you could probably be a little more careful next time and consider the money lost as tuition in the school of hard knocks. Keep in mind that printing your photos that you freely provided on FaceBook is not a criminal offense in California and probably not a criminal offense anywhere. If that is the case, then you need to enforce your rights yourself in a court of law.

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  • I am representing myself in a civil suit against my brother in law for breach of contract. He was executor of my mothers living

    as I was saying, her living trust and will. He put her house in his name and took a loan of $160,000.00 loan on it for his own use. My siblings were in on faking this trust and will. He wrote it. I get the feeling he has them in his back pock...

    Frederic’s Answer

    The answer to your question depends heavily on the terms of the "living trust and will" that you mention. You should take your documents to consult with an experience, competent attorney to analyze the particular facts of the situation.

    You mentioned that your brother states that he only needed a majority of heirs to take an action, such as borrowing money. However, you did not state whether the "living trust and will" confirm this situation. Assuming that you have access to a copy of those documents, you should read the documents to see if this situation is supported.

    Additionally, you can follow up with discovery by deposing witnesses and seeking production of documents (e.g., "produce documents that support your response No. ___.).

    You should consider using an attorney that could provide you with valuable assistance in finding out how to proceed.

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  • How 2 defend myself against W. Bay One who filed a lawsuit coz my IP add was identified for allegedly infringing movie copyright

    I need to respond to Comcast who is ordered to provide my name & other info by Court in relation to a lawsuit filed by West Bay One by Nov 21 '10. My IP address was identified to have been downloaded/uploaded Chaos Experiment movie. From what I re...

    Frederic’s Answer

    It is not feasible to provide you with concrete legal advice without examining all of the relevant documents, Also, these questions and answers are not the way to get legal advice.

    Some information to help you get things together to take to a lawyer:

    It is Nov. 21, 2010, so it looks like you are too late to do anything about the subpoena to Comcast. Most likely, Comcast has already turned over the subpoenaed information. You should contact Comcast right away. Assumedly, you should have been provided notice about this subpoena with enough time to seek to quash the subpoena. Being untimely puts you at a serious disadvantage. The notice that you should have received should have provided you with the contact information to fight this issue.

    As for the lawsuit being "legitimate over IP address proof", I cannot see "the lawsuit" so it would be irresponsible for me to make any comment on your lawsuit. Generally, suing people as John Does to find their identity later via ISPs is old news and you should probably drop that issue as it has been litigated extensively.

    If you get sued, respond on time and use an attorney.

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  • What Code do I use to sue in Fed Crt for Neg - Home Waranty Co did not fix faulty wire after inspection and my house burned

    What Code do I use to sue in Fed Crt for Neg - Home Waranty Co did not fix faulty wire after inspection and my house burned

    Frederic’s Answer

    There is no particular Calif. Code that comes to mind for suing them on negligence. Negligence is a cause of action under common law. There might be a code that refers to negligence, but you do not need to know the specific code section to sue for negligence.

    Go to www.leginfo.ca.gov, under "California Law" and search for negligence if you want to learn more.

    You will have to decide on who you think was negligent (e.g., architect, or repair company, or both). See Cal. Code of Civil Procedure 1029.5. See also Calif. Civil Code Section 2782.

    Check any written agreements made with company. Did you agree to mandatory arbitration?

    Also, to sue in "Fed Crt" as you mention, you need to have jurisdicition, either federal question jurisdiction or diversity jurisdiction. If you are going to use federal diversity jurisdiction, then you need to have more than $75K in dispute and the defendant must be in a different state as your state of residence.

    As you can see, there are several issues mentioned above, and more not hinted at. You need to consult an attorney instead of going alone. Many attorneys do not charge for an initial consultation. Also, many take contingency cases in such types of cases. An experienced, competent attorney can tell you whether your case is worth pursuing. If no one wants to take your case, then you have your answer.

    Either way, this answer is not legal advice, but just information to try to convince you to seek real legal advice from an attorney.

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